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r BOOK 98 F�a, 93 an effort to resolve state and county staff differences regarding acceptable assignment language. Subsequently, at the Governor and Cabinet meeting of July 9, 1996, attended by Commission Chairman Fran Adams and Charles Hardee, both County and DEP staff assignment language recommendations were brought to the Cabinet's attention as part of its consideration of the Cairns Tract purchase. At the July 9th hearing, the Governor and Cabinet voted to approve purchase of the Cairns Tract with DEP's recommended assignment language (see Page 2 of the attached assignment). This language was approved by the Cabinet with an understanding that the County will control the use of the property through a 50 year management lease of the property, whereby the County will have an option to renew the lease for an additional 50 years, subject to Cabinet approval. ANALYSIS Language in the attached Partial Assignment of Option Agreement provides that "Grantee's ownership shall be consistent with all applicable statutory provisions in effect on the date of this deed." The principal applicable statutory provisions are incorporated in Florida Statutes Chapter 259. Chapter 259 currently allows for State "surplussing" of lands acquired under the CARL program. Once surplussed, lands could be used for non -conservation purposes. For this reason, county staff's concern has been that there is no guarantee that the Cairns Tract, 50% of which is being bought with county environmental land bond monies, will not be surplussed some time in the future and used for something incompatible with resource conservation. P2000 Surplus Restrictions Chances are remote, however, that the Cairns Tract would be surplussed or used in a manner contrary to resource conservation. Specifically, Section 259.101(6), F.S., provides that, before any lands acquired with P2000 funds can be disposed of, TIIF must first determine that: 11... such land no longer needs to be preserved in furtherance of the intent of the Florida Preservation 2000 Act." The intent of the P2000 Act is made known in Sec. 259.101(2) , F . S . , in which the Legislation declares that acquisition of public lands should be planned: "so as to protect the integrity of ecological systems and to provide multiple benefits, including preservation of fish and wildlife habitat, recreation space, and water recharge areas." The Cairns Tract consists almost entirely of endangered native plant communities, being maritime hammock and coastal strand. P2000 lands considered by the State for surplussing tend to be environmentally disturbed portions (e.g, improved pasture) of large tracts bought from owners who were unwilling to sell only the environmentally significant portions of their property. The Coraci Tract is an example of that. Moreover, surplus proposals generally do not succeed unless there is local support for -the surplus, which would not likely be the case with the Cairns Tract. Land Use and Zoning Designation Despite the ownership issue, the County does have some control over the potential use of the Cairns Tract through its Comprehensive Plan future land use designation and zoning. As with other properties being acquired with county bond monies for environmental lands conservation, county staff plan to initiate a future land use and zoning amendment of the Cairns Tract, designating it as 38 August 27, 1996